Barber v. U.S. Bank et al

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
RAYSEAN D. BARBER,
Plaintiff,
vs.
U.S. BANK, CREDIT ONE BANK, and
ELAN FINANCIAL SERVICES,
Defendants.
8:24CV426
ORDER
This matter is before the Court on the parties’ status reports. See Filing Nos.
54, 55, and 56. On February 4, 2025, the Court granted Defendants’ motion to
compel arbitration. Filing No. 26. This finding was reaffirmed on March 18, 2025,
and the parties were ordered to file status reports updating the Court on the
progress of arbitration every sixty (60) days. Filing No. 34. Thereafter, Plaintiff
appealed to the Eighth Circuit Court of Appeals. On May 6, 2025, the Eighth Circuit
granted Defendant’s motion to dismiss and on June 4, 2025, the Eighth Circuit
denied Plaintiff’s motion for rehearing.
Plaintiff initially indicated he would file a petition for writ of certiorari with the
Supreme Court of the United States but has since indicated he is not pursuing that
relief and will pursue arbitration. See Filing Nos. 49, 53, and 56. Plaintiff has yet to
initiate arbitration. See Filing Nos. 54, 55, and 56.
Accordingly,
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IT IS ORDERED:
1. The parties shall file a status report regarding the progression of
arbitration on or before January 12, 2026. If arbitration has not
commenced, the parties are ordered to explain, in detail, the reason for
the delay.
2. Failure to comply may result in a status conference with the Court or an
order to show cause as to why the Court should not dismiss Plaintiff’s
claims for want of prosecution.
Dated this 17th day of November, 2025.
BY THE COURT:
s/ Jacqueline M. DeLuca
United States Magistrate Judge
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